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Fall From Height Claims

Making a fall from height compensation claim

According to the Health and Safety Executive, falls from heights are still one of the leading causes of personal injuries and fatalities at work.

The Health and Safety at Work etc. Act 1974 sets out the basic general duties that every employer is legally required to adhere to, to maintain health and safety in the workplace.

The Act requires employers to provide:

  • adequate training for employees to carry out their work safely;
  • adequate welfare provision for employees when in the workplace;
  • a safe working environment that allows all operations to be conducted in a safe manner;
  • access to relevant health and safety information for instruction and supervision.

While some accidents can’t be helped, the Act provides a useful guide for the type of health and safety measures employers should take to keep employees safe at work.

If you suffer a serious injury as a result of a fall from height at work, your employer could be in breach of their legal duties. Meaning they could be liable for damages sustained and you could be entitled to submit a fall from height claim.

Recovering compensation for your injuries

Recovering compensation for a height accident that wasn’t your fault, for example, construction accident compensation, will allow you to start rebuilding your life again.

It will also bring to light shortfalls in the health and safety policy in your workplace, helping make your workplace a safer environment, and hopefully prevent future accidents.

To begin your personal injury compensation claim, get in touch with a legal adviser today, in complete confidence, on 0800 234 6438.

An expert legal adviser will be able to let you know whether you’re eligible to bring a case against your employer, and if so, they will pass you on to specialist personal injury solicitors who can help you make your claim.

DID YOU KNOW: Your compensation will not be taken from your employer directly. All employers are legally required to have employer’s liability insurance in place to cover them up to £5m.

Fall from height accidents

There are 151 falls from height reported every day. While falls from height can happen in many different types of job role, some industries hold higher risk than others.

What are the main types of industries at high risk of falls from height?

The following types of workers are at an increased chance of a fall from height due to the industries in which they work:

  • Warehouse workers
  • Factory workers
  • Construction workers
  • Engineers and architects
  • Shopworkers
  • Roofers and scaffolders
  • Window cleaners
  • Agricultural workers
  • Food and drink manufacturers

What are the most common fall from height injuries?

Generally, the further you are from the ground, the greater the chance of you suffering from a severe injury, such as:

  • head injuries, such as concussion
  • brain injuries
  • back and spinal injury including paralysis
  • internal injuries
  • cuts and bruises
  • sprains and ligament damage
  • fractures and broken bones

Find out more about claiming serious accidents compensation.

What are the most common causes of fall from height accidents?

Some of the most common causes of falls from height in the workplace include:

  • Lack of proper training
  • Employer negligence
  • Broken equipment
  • Human error such as overreaching
  • Standing on an unsecured platform
  • Incorrect use of equipment
  • Damaged, worn or faulty anti slip protection on ladders

No matter what your job role, if you’ve suffered an injury due to a fall from height because health and safety regulations haven’t been followed, then it’s likely an injury solicitor will be able to help you make a claim.

Fall from height personal injury claims

Did you know you have three years following your fall from height accident to make a claim?

If you or a family member has suffered serious injury from a ladder accident, for example, you may be eligible to make a fall from height claim for personal injury compensation.

At claims.co.uk, our partners can put you in touch with specialist solicitors who operate on a no win no fee* basis. Their personal injury team will work on your behalf to gather evidence and build the strongest case for you.

Call now for a free initial consultation: 0800 234 6438. Or, if you prefer, enter your name and phone number into the form on this page to request a call back.

Does my employer have a duty to protect me from falls from height?

All employers have a duty of care to keep their employees safe, and this includes protecting you from falls from height. As part of the Work at Height Regulations 2005, your employer has to make sure you’re properly trained and have the right equipment to carry out your job safely.

Precautions they should take to keep you safe include:

  • Properly planning all work at height beforehand.
  • Carry out a risk assessment, to make sure work processes are as safe as possible.
  • Train staff properly, to reduce the risk of a fall happening.
  • Making sure supervision is provided if necessary.
  • Giving you appropriate safety equipment (such as safety harnesses), and making sure these are properly maintained.

Starting your fall from height claim

Falls from height can be life-changing – in some cases, they can even be fatal.

Nobody deserves to suffer from an injury while at work, but if your fall happened because your employer failed to follow health and safety rules, then it can be particularly difficult to come to terms with.

If your employer has failed to uphold their duty of care to you and you’ve fallen from height as a result, then an injury lawyer may be able to help you make a compensation claim.

You might be feeling unsure whether this applies to you – but you can speak for free to a trained legal adviser by calling 0800 234 6438, and find out whether you could claim.

What duties do I have at work as an employee?

While employers have a duty of care to ensure the health and safety of their employees, employees also have duties when they are at work. These can include:

  • taking care to ensure their own personal health and safety when in the workplace, and where appropriate, that of other people too;
  • to cooperate with, and adhere to, the health and safety instructions as laid out by their employer;
  • to not intentionally or recklessly interfere or misuse equipment or resources that could jeopardise the health or safety of themselves, or others around them.

What should I do if I have a serious fall injury claim?

Unfortunately, falls from height can sometimes cause serious injuries which have a long-lasting impact on your life.

As well as the physical pain of suffering from a severe injury and the effects it can have on your day-to-day activities, it’s also likely to have had financial consequences for you and your family.

You may have had to take time off work or find a new job altogether, and this might mean you’ve received a lower income. You might also have needed to pay for private treatment or physiotherapy to help with your recovery – and this can all add up to put you under financial pressure.

If you’ve been injured through a fall from height, start the claim process as soon as possible. Not only will it mean you can start your recovery sooner, but the incident will still be fresh in your mind, making it easier for your solicitor to gather evidence.

DID YOU KNOW: There is a three year time limit for claims relating to workplace injuries.

How much compensation am I entitled to after a fall from height?

If you’ve been injured at work and believe your employer was at fault, you may be able to make a fall from height compensation claim.

When calculating the value of fall compensation claims, a solicitor will take into consideration:

  • Any costs caused by the injury – including prescription costs, rehabilitation, treatment, and any other ongoing needs;
  • The impact it’s had on your social life, hobbies and family;
  • Your physical pain and suffering, and how your injury is likely to affect you in the future.

Although compensation can’t take away what you’ve been through, it can help you get the support you need after an injury caused by a fall from height.

For answers to your questions, or to find out whether you might be able to make a claim, you can get in touch with an expert legal adviser for free on 0800 234 6438.

Or, if you’d prefer, you can fill in one of the online contact forms to receive a call back.

How can I start a personal injury claim?

In some cases, it might not be clear to you straight away whether somebody else was at fault for your injury.

To be able to make a claim, your accident has to be due to somebody else’s negligence – but it can sometimes be difficult for you to tell.

Finding out is simple – you can call free on 0800 234 6438 for expert legal advice.

A trained legal adviser will ask some questions about your fall so they can get a clearer picture of what happened and, if you decide you’d like to go ahead, they can pass you on to a specialist work accident solicitor.

Your solicitor will also talk to you for free. They’ll check you’re happy to go ahead with your claim before getting in touch with the negligent party to let them know of your intention to make a case.

Your solicitor will negotiate on your behalf and will aim to cover all the costs and impact of your injury in the compensation you receive. If your case is successful, your solicitor will charge a success fee, which is no more than a maximum of 25% of your compensation.

My spouse died following a height injury at work – can I claim compensation?

Unfortunately, some falls at work can result in death. You may be entitled to claim compensation if you are:

  • a dependant of the deceased;
  • a family member of the deceased;
  • the estate of the deceased.

While it will be a truly difficult time, and seeking compensation is likely to be the last thing on your mind, any compensation you receive could help you get back on your feet. For example, the compensation could cover bereavement counselling or funeral expenses.

Specialist accident at work solicitors usually operate on a no win no fee agreement, meaning it won’t cost you a penny to pursue your claim. Their fee will be taken from your compensation, up to a maximum of 25%.

Will I lose my job if I make a claim against my employer?

It is against the law for an employer to fire an employee or treat them any differently for bringing a claim against the company. Under the Management of Health and Safety at Work Regulations 1999, it is your employer’s responsibility – their legal duty – to ensure they keep the risk of employees being injured at work to minimum.

If your employer breaches their duties, and you suffer serious injuries requiring you to seek medical attention and/or resulting in financial losses, you have the right to make a claim.

Remember, any secured compensation you receive won’t come directly from your employer, rather it will come from their insurance company.

In the unlikely event you are dismissed following your fall from height claim, you would be well within your rights to take further legal action for unfair dismissal.

Can I still claim compensation even if the fall from height was partly my fault?

If you were partly responsible for your fall from height accident (known as contributory negligence), for example you were injured because you didn’t follow your employer’s health and safety instructions, or you weren’t using the equipment to work at height as you were properly trained to, you may still be eligible to claim some compensation, as long as someone else was also to blame. However, the amount of compensation you receive will be reduced depending on how much you contributed to the accident.

For further guidance or information about how to make a no win no fee claim, call now for a free initial consultation: 0800 234 6438

Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.
  • *Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.